Audrey Flanagan, et al. v. Brotman Medical Center, et al.
Published: Feb. 18, 1995 | Result Date: Dec. 2, 1994 | Filing Date: Jan. 1, 1900 |Case number: WEC141601 – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Carl A. McMahan
(McMahan Law PC)
Defendant
Richard G. Harris
(Dummit, Buchholz & Trapp)
Experts
Plaintiff
Mark Gary Strom
(medical)
Steven Wyte
(medical)
Raymond G. Schultz
(technical)
Mark LaBowe
(medical)
James T. Long
(medical)
Robert C. Bucklin
(medical)
Defendant
Lesther Winkler
(medical)
Robert L. Shuman M.D.
(medical)
Ronald H. Wender
(medical)
Ronald Karlsberg
(medical)
Facts
In April of 1989, patient Robert Flanagan, a 58-year-old marine surveyor and skipper, underwent coronary artery bypass surgery by lead surgeon Defendant Ralph Hutchings, M.D. Anesthesia was provided by Defendant Alexander Dubelman, M.D. (Hospital, assistant surgeons, and medical product Defendants had settled out of the case for a total of $850,000 prior to trial.) Following the surgery, this patient was found to have suffered third degree burns over 20% of his body, primarily involving his back, buttocks, and thighs. The alleged source of the burns was a hyperthermia blanket which is used during this type of surgery. The patient remained in the hospital for 5 months, with significant debilitation after discharge. The patient died 3 1/2 years later. Plaintiff was the patient's surviving widow, Audrey Flanagan. Plaintiff received a conditional Res Ipsa instruction.
Settlement Discussions
These Defendants contend they made no offers and Plaintiff made a 998 demand in the amount of $1,050,000 plus costs against each Defendant; reduced to $398,535 mid-trial.
Specials in Evidence
$1,267,372 $352,000 $237,100
Injuries
Third degree burns to 20% of the body requiring a 5-month hospitalization with multiple skin grafts and other medical complications; death of spouse 4 years after burns.
Deliberation
50 minutes
Poll
12-0
Length
13 days
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